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Florida Statute 934.21 - Full Text and Legal Analysis
Florida Statute 934.21 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 934.21 Case Law from Google Scholar Google Search for Amendments to 934.21

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 934
SECURITY OF COMMUNICATIONS; SURVEILLANCE
View Entire Chapter
934.21 Unlawful access to stored communications; penalties.—
(1) Except as provided in subsection (3), whoever:
(a) Intentionally accesses without authorization a facility through which an electronic communication service is provided, or
(b) Intentionally exceeds an authorization to access such facility,

and thereby obtains, alters, or prevents authorized access to a wire or electronic communication while it is in electronic storage in such system shall be punished as provided in subsection (2).

(2) The punishment for an offense under subsection (1) is as follows:
(a) If the offense is committed for purposes of commercial advantage, malicious destruction or damage, or private commercial gain, the person is:
1. In the case of a first offense under this subsection, guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 934.41.
2. In the case of any subsequent offense under this subsection, guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 934.41.
(b) In any other case, the person is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(3) Subsection (1) does not apply with respect to conduct authorized:
(a) By the person or entity providing a wire or electronic communications service;
(b) By a user of a wire or electronic communications service with respect to a communication of or intended for that user; or
(c) In s. 934.09, s. 934.23, or s. 934.24.
History.—s. 9, ch. 88-184; s. 9, ch. 89-269.

F.S. 934.21 on Google Scholar

F.S. 934.21 on CourtListener

Amendments to 934.21


Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 934.21
Level: Degree
Misdemeanor/Felony: First/Second/Third

S934.21 - EAVESDROPPING - STORED COMMUNICTN FOR GAIN DESTRUCT SUBSQ VIOL - F: T
S934.21 - EAVESDROPPING - STORED COMMUNICTN FOR GAIN DESTRUCT 1ST VIOL - M: F
S934.21 - EAVESDROPPING - OTHER ACCESS STORED COMMUNICATION - M: S

Cases Citing Statute 934.21

Total Results: 4  |  Sort by: Relevance  |  Newest First

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Shawn Alvin Tracey v. State of Florida, 152 So. 3d 504 (Fla. 2014).

Cited 4 times | Published | Supreme Court of Florida | 92 A.L.R. Fed. 2d 587, 39 Fla. L. Weekly Supp. 617, 2014 Fla. LEXIS 3072, 2014 WL 5285929

...The district court below concluded: - 10 - Similarly, under Florida law, the exclusionary rule is not a remedy for violations of section 934.23. Section 934.28, Florida Statutes (2009) provides: The remedies and sanctions described in ss. 934.21- 934.27 are the only judicial remedies and sanctions for violation of those sections. The criminal penalties of section 934.21 and the civil remedy provided in section 934.27 are the only remedies authorized for a violation of section 934.23....
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Tracey v. State, 69 So. 3d 992 (Fla. 4th DCA 2011).

Cited 3 times | Published | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 14054, 2011 WL 3903075

...§ 2708." Smith, 155 F.3d at 1056 (emphasis in original). Similarly, under Florida law, the exclusionary rule is not a remedy for violations of section 934.23. Section 934.28, Florida Statutes (2009) provides: The remedies and sanctions described in ss. 934.21-934.27 are the only judicial remedies and sanctions for violation of those sections. The criminal penalties of section 934.21 and the civil remedy provided in section 934.27 are the only remedies authorized for a violation of section 934.23....
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Pizarro-Garcia v. State, 265 So. 3d 732 (Fla. 5th DCA 2019).

Published | Florida 5th District Court of Appeal

The judgment, however, erroneously cites to section 934.21, Florida Statutes (2016). On remand, the trial
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Pizarro-Garcia v. State, 265 So. 3d 732 (Fla. 5th DCA 2019).

Published | Florida 5th District Court of Appeal

The judgment, however, erroneously cites to section 934.21, Florida Statutes (2016). On remand, the trial

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.